Application of the law to an act by a person who has joined the Joseon Labor Party in 1953 (short-term 4286) and has not withdrawn after January 16, 1959 (short-term 4292)

A. The fact that the crew sought the market price and the purchase method of the mechanical ship at the Incheon wharf cannot be recognized as collecting military secrets solely on the basis of that fact.

B. The crime of joining the illegal organization at the time of the enforcement of the former National Security Act (No. 10 of December 1, 48), as long as there is no withdrawal, Article 1 subparagraph 3 of the former National Security Act shall be applied to the so-called continuous crime of which the state continues to exist, and Article 1 of the Addenda to the new National Security Act (No. 500 of December 26, 58).

Prosecutor

Support for Incheon in the first instance, and Seoul High Court in the second instance.

Article 1 subparag. 3 of the former National Security Act applies to a crime committed before the enforcement of the National Security Act on January 6, 1952. However, since the time when the amendment or abolition of the new National Security Act came into effect on January 16, 1959, it is clear that the crime of friendship was committed at the time of the enforcement of the new National Security Act after the abolition, and it is a crime committed after March 4, 1959. Therefore, this case is a case where the punishment of the new National Security Act is different at the time of the enforcement of the new National Security Act. Thus, under the proviso of Article 1 of the Addenda of the new National Security Act, the former National Security Act applies to the act before the enforcement of the Act, and this case was governed by the provision of Article 1 subparag. 3 of the former National Security Act, and thus, the judgment below should have applied Article 1 subparag. 3 of the National Security Act under the proviso of the same Act. However, since the original judgment is clearly stated that the new Act was committed without merit, it should not be justified.

It is reasonable to interpret that Article 1 subparagraph 3 of the National Security Act should be applied to the crime of joining the second place, unless the person in question withdraws from the organization after joining the action. However, according to Article 23 of the Constitution, Article 4 (1) of the Addenda to the new National Security Act, if a single crime was committed across the period before or after the enforcement of this Act, it shall be considered that the crime was committed before the enforcement of this Act, and Article 4 (1) of the Addenda to the Criminal Act shall be replaced by the so-called transitional law as to the scope of application of the Act, and Article 8 of the General Provisions of this Act shall apply to the crime of joining the second place in accordance with the provisions of other Acts, so it shall be interpreted that Article 1 subparagraph 3 of the same Act shall be applied to the crime of joining the second place in accordance with the provisions of the same Act, since Article 23 of the Constitution provides that all citizens shall not be subject to prosecution against acts that do not constitute a crime at the time of action, and that it shall not be applied to the first one-year punishment of the first revision of the Act.

Justices Kim Jong-soo (Presiding Justice)